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Home My WebLink AboutCC 13 CONSULT CONT. 09-08-81DATE: Thru: TO: FROI~:. SUBJECT: September 8, 1981 Bil 1 Huston, Ctty Manager I-Ionorable Mayo~ and City Council R. Kenneth Fleagle, D.P.A. CONSENT cA'r .~.~AR No. 13 9-8-81 nter-Com Consultant Contract My agreement with the City of Tusttn for consultant services expires on September 11, 1981. If it is the pleasure of the City Council, I am willing to continue to serve the City in a consultant capacity for one more year under the same terms and conditions as contained in the present agreement. My interest is in providing the City with continuity and developmental perspective while being able to devote time to special projects in accordance with Council priorities. The wages are of less significance than the ability to remain current as a professor in the field of development and administration. Recent projects have included annexations, census data, and amendment to the Redevelopment Plan. Pending projects include the long delayed revision of the zoning ordinance, general plan up-date, annexations, and creation of new redevelopment project areas. RECOMMENDED ACTION If it is the desire of the City Council, a motion would be in order to authorize the Mayor to approve an agreement with R. Kenneth Fleagle for consulting services under the same terms and conditions as the 1980-81 agreement. RKF/dat Enclosure: 1980-8! Agreement AGREEMENT THIS AGREEMENT made and entered into this day of , 1981, by and between the CITY OF TUSTIN, a munici- pal corporation (hereinafter referred to as "CITY") and R. KENNETH FLEAGLE, D.P.A., an independent contractor, residing in Tustin, California (hereinafter referred to as "CONSULTANT"). WI TN E S SETH WHEREAS, CITY desires certain surveys, studies, reports, and documents, required by the laws of the State of California, and -advisory services related to planning, zoning, and development; and WHEREAS, CONSULTANT, by virtue of his education and experience is competent to provide independent, expert services required to formulate the required documents and development ser- vices; NOW, THEREFORE, in consideration of the promises and the covenants and agreements hereinafter provided, the parties agree as follows: 1. CONSULTANT shall perform work with priorities as determined and approved by the City Manager in accordance with the time authorized by the City Council. Projects assigned may include but need not be limited to, any of the following or similar type projects: a. Parking studies and standards b. Environmental impact studies and reports c. Revision of zoning ordinance d. Revision of other land use related ordinances e. Consultation on major zone changes and general plan amendments f. Annexation proposals and information programs g. Redevelopment area planning and programs h. Consultation with City Council and staff relating to development and land use matters 2. CONSULTANT, in carrying out the functions and pro- jects, as desired by the CITY, shall provide services to CITY of the number of hours approved by the City Council which shall be not less than forty (40) hours per month nor more than seventy-two (72) hours per month except upon further mutual written agreement. 3, CITY shall make available to CONSULTANT office space and such secretarial and support services as shall be determined from time to time by CITY to be reasonable and necessary. 4. CONSULTANT agrees to perform the services set forth herein, and CITY agrees to pay the sum of Two Hundred Dollars ($200.00) per month during each month of the term of this agree- ment, together with the sum of Eighteen Dollars ($18.00) for each hour worked by CONSULTANT in the performance of the services pro- vided herein. Each month CONSULTANT shall furnish CITY with a detailed, itemized written statement of services performed each month and the hours spent on each activity. The aforementioned sums shall constitute CONSULTANT'S entire compensation and CONSUL- TANT shall not be entitled to fringe or any other benefits nor any other form of additional compensation not specifically provided for herein. 5. CITY and CONSULTANT intend, by this agreement, to establish only an independent contractor relationship and not an employer-employee relationship. As an independent contractor, CON- SULTANT shall not be deemed to be an employee of CITY as that term is defined in California Labor Code Section 3351 (b) or otherwise. It is agreed that no compensation will be provided to CONSULTANT from CITY or any other source as an employee and all rights are waived for claims under the provisions of the California Labor Code Worker's Compensation Act. ~6.' Neither this agreement nor any duties or obligations hereunder shall be assignable by CONSULTANT without the prior writ- ten consent of CITY. 7. The term of this agreement shall be for one (1) year, commencing on September 12, 1981, and terminating on September 11, 1982, unless mutually extended, or modified or amended in writing by the parties hereto. 8. This agreement supersedes any and all agreements either oral or in writing between the parties hereto, and no other agreement, statement, or promise relating to the subject matter of this agreement shall be valid or binding. IN WITNESS WHEREOF, this agreement has been executed by the parties hereto on the day and year first above written. APPROVED AS TO FORM: JAMES G. ROURKE City Attorney R. KENNETH FLEAGLE, D.P.A. Consultant CITY OF TUSTIN, a municipal corporation BY: JAMES B. SHARP Mayor ATTEST: MARY E. WYNN City Clerk